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EY-Global-oil-and-gas-tax-guide-2014

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394 Nigeria<br />

statutes under which tenement rates are imposed. The actual collection of the<br />

rates is done by the local authority for the area where the relevant building<br />

is situated. The tenement rate is usually assessed on the rental value of a<br />

building — in Lagos State, for example, the tenement rate is assessed at the<br />

rate of 10% of the rental value of a building.<br />

Signboard <strong>and</strong> advertisement permits<br />

The rate for a signboard <strong>and</strong> advertisement permit varies between different<br />

local governments.<br />

Oil <strong>and</strong> Gas Export Processing Zone<br />

Under the Oil <strong>and</strong> Gas Export Free Zone Act 2004, any approved enterprise<br />

established within Onne, the Oil <strong>and</strong> Gas Export Processing Zone, is exempted<br />

from all <strong>tax</strong>es, levies <strong>and</strong> rates imposed by the federal, state or local<br />

governments in Nigeria.<br />

Service company <strong>tax</strong>ation<br />

Pursuant to the Companies Income Tax (Amendment) Act 2007, services<br />

companies are <strong>tax</strong>ed at a rate of 30%, in addition to the 2% education <strong>tax</strong><br />

assessed on the assessable profit of all Nigerian companies.<br />

A deduction is available for capital allowances, as shown in the table below.<br />

Building (industrial <strong>and</strong> nonindustrial)<br />

Table I:<br />

Initial<br />

allowances<br />

Table II:<br />

Annual<br />

allowances<br />

15 10<br />

Mining 95 0<br />

Plant: agricultural production 95 0<br />

Others 50 25<br />

Furniture <strong>and</strong> fittings 25 20<br />

Motor vehicles: public<br />

transportation<br />

95 0<br />

Others 50 25<br />

Plantation equipment 95 0<br />

Housing estate 50 25<br />

Ranching <strong>and</strong> plantation 30 50<br />

Research <strong>and</strong> development 95 0<br />

Rate<br />

%<br />

Rate<br />

%<br />

The Petroleum Industry Bill<br />

There is significant uncertainty as to when the Bill will be passed <strong>and</strong> what is<br />

going to be the content of the Act when passed into law.<br />

Nigerian Oil <strong>and</strong> Gas Industry Content Act 2010 (NOGIC Act)<br />

The Nigerian Oil <strong>and</strong> Gas Content Act 2010 (commonly known as the NOGIC<br />

Act) was signed into law on 22 April 2010 <strong>and</strong> effective from this date. The<br />

NOGIC Act is the legal framework <strong>and</strong> mechanism for the creation of an<br />

environment aimed at increasing indigenous capacity building. The<br />

implementation of the provisions is to be carried out by the Nigerian Content<br />

Monitoring Board. Every entity awarding a contract in the upstream sector of<br />

the Nigerian <strong>oil</strong> <strong>and</strong> <strong>gas</strong> industry should deduct <strong>and</strong> remit 1% to the National<br />

Content Development Fund. The 1% m<strong>and</strong>atory deduction is not applicable to<br />

contractual arrangements executed prior to 22 April 2010 even if ongoing<br />

after that date. The 1% m<strong>and</strong>atory deduction applies to all contracts of any<br />

nature in the upstream sector <strong>and</strong> without any minimum limits.

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